Recently, the government has tightened preventive measures for entrepreneurs in case of revealing wage arrears. However, despite the innovations, citizens still fall into this unpleasant story. At the same time, most employees hope that management will independently solve the financial problem, but this rarely happens.
Employees of the debtor organization who find themselves in a difficult situation associated with a delay in salaries should periodically monitor the degree to which the obligations of the enterprise to them are fulfilled. With the right approach to the problem, despite the duration of the whole process, the money should be returned to their owner.
When revealing the fact of wage arrears, it must be borne in mind that in certain situations, clear limitation periods are specified, after which it will be impossible to establish anything in different instances. Where do they issue certificates of wage arrears according to the model?
Extract from the law
With regard to the problem of delayed wages by the employer, ways to resolve the issue in favor of the employee are approved by the regulations of the Labor Code.
At the state level, it was decided that payroll should be carried out at least twice a month (on certain days). If the payment deadlines are violated for at least a few days, the employee has the right to demand compensation from the company.
If the employer violates the deadlines for paying accrued but not paid salaries for more than two months for mercantile purposes, he faces criminal liability for misconduct.
Key Definitions
Wages are considered employee remuneration for the work done in the enterprise, according to the terms of the labor agreement. At the same time, the relations between the employer and the employee can be formed on the basis of an official labor contract or verbal agreement. An oral agreement is not a guarantee of payments, with this option of accepting an enterprise, the probability of resolving the issue is practically zero.
It is important to remember that the salary is overdue if payment has not been made for more than one month, subject to accrual, which may be indicated in the financial statements in the form of a time sheet for the month.
What to do with a delay in salary?
When creating a debt on wages, the employee must write a statement addressed to the employer with a request to transfer funds for the work performed according to the employment contract.
Please note that in order to confirm the fact of sending the letter of demand, the lawyers recommend that two copies of the application be prepared in advance, one of which must be given to the employer, and the second one remains with the employee to fix the act of transferring the document with the date and registration number.
In a situation where the company is in no hurry to pay for labor in a short time, the employee has the full right to notify the employer in writing of the termination of work before the payment of the debt.
It is imperative that you give the director notice of suspension of employment so that the employer does not regard the absence from work as absenteeism, for which serious liability can be further incurred.
Sample Application
The employee has the right to notify the employer of the suspension of the fulfillment of obligations, according to the employment contract, due to non-payment of wages.
It must be remembered that the application must necessarily indicate:
- Position, F.I.O. Director of the enterprise.
- Surname and initials of the employee, as well as his position.
- Personal signature of the employee.
- Date of application.
- Date and registration number on a copy of the employee’s application (necessary so that the employee can justify his absence from work).
To make a refund of earned money through the court, you will need to collect a number of documents and correctly write a statement.
If an employee quits without receiving payments for previous periods, then the company is obliged to issue an employee with a certificate of salary arrears, which will be needed when filing a lawsuit.
What is a debt certificate?
A document such as a certificate of wage arrears, a sample of which we will present in the article, is direct evidence of the presence of debt on the part of the employer to the employee. Such help may come in handy:
- An employee of a bankrupt employer. In such a situation, the document is handed over to the crisis management specialist for inclusion of the citizen in the register of creditors' claims. An enterprise that delays or does not pay salaries at all is obliged to submit (according to the model) a certificate of salary arrears to the court.
- The employer himself, who files for bankruptcy. Such a certificate is useful for accounting for the total debt to all employees, and is also taken into account when describing the property.
If an employee of the organization has credit obligations, he is entitled to request from the employer a certificate of salary arrears for the bank according to the model of the enterprise. This document is one of the evidence in court of the fact of debt formation.
What does a debt certificate contain?
A correctly filled “header” of a certificate of wage arrears (a sample is available in the article) is a prerequisite. The following aspects should be present in it:
- details of the organization;
- the actual address of the location of the enterprise;
- company name;
- contacts of the employee, which may be necessary in case of questions.
The certificate itself must contain the following information:
- position held by the employee in the enterprise;
- The actual time that the employee worked for the employer;
- salary amount.
In the future, this document is signed by the accountant and the head of the organization. Their signatures must be certified with the seal of the company.
What does a certificate of salary arrears look like?
A sample of this type of document may be useful, for example, to the employer for submission to the labor inspectorate in the event of a dispute with an employee regarding delayed pay. It is also necessary for drawing up an agreement with the bank for accrual to the settlement accounts of employees. In the certificate it is recommended to indicate the fact that the company paid insurance premiums to the FIU and the Federal Tax Service.
There is no special sample for filling out a certificate of wage arrears. The document is filled in free form. The wording of the document is set out on the letterhead of the organization or on a white sheet of A4 format with all the regalia of the enterprise.
Where to contact an employee in case of arrears
In order to get a salary, you need to contact several authorities at once with claims:
- to court;
- the prosecutor's office;
- labor inspection;
- to the director of the enterprise.
Before visiting serious institutions, it is recommended to try to solve the problem by simple methods - by negotiating with the head of the organization. For starters, you can submit to him a request for payment of the debt.
If the employer does not respond to the employee’s request, then such neglect is a legitimate reason for contacting higher authorities to analyze the situation. These organizations will not only collect unpaid salaries from the debtor, but also force the company to pay accrued interest on this amount.
Labor Inspectorate works to ensure the safety and control of labor law. For this, it is necessary to send a certificate of wage arrears drawn up according to the model to the labor inspectorate. Such a written appeal will be the reason for an unscheduled audit of the enterprise. If the organization has not specifically made salary payments, then its head will be held liable - fines will be applied to him and an opinion will be issued to eliminate the problem.
If the company still does not take steps to get out of the difficult situation within the previously specified time, the labor inspectorate has the right to send a written complaint to the court. This authority helps employees make a statement correctly and in a pattern.
A certificate of wage arrears to the prosecutor's office is sent together with all other documents that the employee managed to collect. Then a prosecutor’s check takes place to clarify the circumstances of the offense.
To return money through a court to a citizen, it is necessary to draw up a lawsuit that will contain the following information:
- in the “cap” indicate the name of the court and full name claimant;
- a detailed statement of the reason for initiating a criminal case;
- comprehensive conclusions arising from the established motivation part;
- signature of the plaintiff;
- Date of preparation;
- an indication of the list of documents that are submitted to the court.
Conclusion
A certificate of salary arrears is a document that confirms insolvency and justifies the employee's requirements for the organization. The law does not provide for any regulation on the design of such a document. But it must be remembered that it is compiled taking into account the situation in connection with which it was required.